This section lets certain districts accept donations and collect voluntary donations for economic development programs, but it also imposes contract, notice, billing, record, audit, and non-termination rules.
Sec. 49.2291. DONATIONS FOR ECONOMIC DEVELOPMENT. (a) In this section, "economic development program" has the meaning assigned by Section 152.151. (b) This section applies only to a district located in the unincorporated area of a county with a population of four million or more. (c) A district may accept a donation in any form from any source approved by the board to provide funds to a nonprofit organization providing economic development programs that the board determines will preserve property values in the district. (d) A contract with a nonprofit organization providing economic development programs described by Subsection (c) may include the specific uses of donations collected by the district on behalf of the nonprofit organization under this section. (e) A contract entered into under Subsection (d) must require the nonprofit organization administering the program to: (1) maintain accounting records and funds independent of all other funds unrelated to the program; (2) make the records maintained under Subdivision (1) available for public inspection at reasonable times; (3) have an annual independent audit made of the accounting records and funds; (4) use the funds only for programs in a county described by Subsection (b); and (5) reimburse the district for costs of collection incurred by the district, except to the extent that the district agrees to bear those costs. (f) All records of the administrator of an economic development program, unless protected from disclosure under Chapter 552, Government Code, shall be public information, as defined by Section 552.002, Government Code. (g) A district providing potable water or sewer service may, as part of its billing process, collect from customers voluntary donations on behalf of a nonprofit organization providing economic development programs described by Subsection (c). A district that collects voluntary donations under this subsection must give reasonable notice to customers that the donations are voluntary. If a donation is included in the total amount of a district's bill to a customer, the bill must identify the exact amount of the donation and include a telephone number the customer can call to have the donation deleted from the bill and any future bills issued to that customer. Water and sewer service may not be terminated as a result of failing to pay a voluntary donation. Added by Acts 2015, 84th Leg., R.S., Ch. 780 (H.B. 2528), Sec. 1, eff. June 17, 2015.